KERAPCD RULE 103 CONFIDENTIAL INFORMATION
LAST REVISED 08/31/76
RULE 103 Confidential Information -Adopted 4/18/72, Amended
8/31/76
I. Public Records
All information, analyses, plans, or specifications
that disclose the nature, extent quantity, or degree
of air contaminants or other pollution which any
article, machine, equipment, or other contrivance
will produce, which any air pollution control
district or any other state or local agency or
district requires any applicant to provide before
such applicant builds, erects, alters, replaces,
operates, sells, rents, or uses such article,
machine, equipment, or other contrivance, are public
records.
All air and other pollution monitoring data,
including data compiled from stationary sources, are
public records.
II. Confidential Information
Trade secrets are not public records under this
Rule. Trade secrets may include, but are not
limited to, any formula, plan, pattern, process
tool, mechanism, compound, procedure, production
data, or compilation of information which is not
patented, which is known only to certain individuals
within a commercial concern who are using it to
fabricate, produce, or compound an article of trade
or a service having commercial value and which gives
its user an opportunity to obtain a business
advantage over competitors who do not know or use
it.
All air pollution emission data, including those
emission data which constitute trade secrets, as
defined in the above paragraph, are public records.
Data used to calculate emission data are not
emission data for the purpose of this subdivision
and data which constitute trade secrets and which
are used to calculate emission data are not public
records.
III. Requests For Confidentiality
Any person furnishing any records may label as
"trade secret" any part of those records which are
entitled to confidentiality. Written justification
for the "trade secret" designation shall be
furnished with the records so designated and the
designation shall be public record. The
justification shall be as detailed as possible
without disclosing the trade secret; the person may
submit additional information to support the
justification, which information, upon request, will
be kept confidential in the same manner as the
record sought to be protected.
Upon the receipt of an (Application for
"Confidential" Classification of Source Data) the
Air Pollution Control Officer shall, within ten (10)
working days, notify the applicant of his ruling.
In cases of rejection, the Air Pollution Control
Officer shall promptly notify the person making the
justification, in writing, that the records in
question shall, within twenty-one (21) days be
subject to public inspection unless a justification
is received and accepted.